A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Particulars Of Claim For Defamation Of Character South Africa In New York
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This provision of the CPLR concerns claims for libel and slander (ie, defamation) and requires the plaintiff to plead "the particular words complained of." What does Particulars of claim mean?Learn about what to do when someone makes false statements against you and if you have a case. Request a New York City false accusations lawyer today. While filing a defamation claim in New York, there are certain things you need to specify, which include the following: What: The specific defamatory words. This Precedent provides an containing suggested text for use in relation to a claim for defamation. The form sets out guidance as to the specific points. A claim for defamation must be stated with particularity. There are requirements that must be met before a claim of defamation can succeed in court. The Small Claims Court allows you to institute minor civil claims in a speedy, affordable and simple manner without using an attorney.
